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HomeMy WebLinkAbout2013/01/15-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim"Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:13 a.m., on Tuesday, January 15, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION- Pastor Cornelius Hudson, Bethel Temple Church The invocation was provided by Pastor Cornelius Hudson, Bethel Temple Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 8, 2013 Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that the Minutes of the Regular meeting of January 8, 2013, be approved. The motion carried unanimously 9 ayes to 0 nays. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15,2013 Page 2 of 20 City Manager Higgins requested that Mayor and Council Communication No. G-17785 be withdrawn from the Consent Agenda for individual consideration. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. P-11471 be withdrawn and replaced with Mayor and Council Communication No. P-11471 (Revised). VII. CONSENT AGENDA Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved as amended. The motion carried unanimously 9 ayes to 0 nays. A. General- Consent Items 1. M&C G-17782 - Accept Funds from the Fort Worth Transportation Authority, Texas Christian University and the Berry Street Initiative, Execute an Interlocal Agreement with the North Central Texas Council of Governments to Provide for a Planning Proiect Local Match in the Amount of $65,000.00 for the Texas Christian University/Berry Station Area Transit-Oriented Development Plan and Form-Based Code Sustainable Development Planning Proiect, Adopt Appropriation Ordinance, and Authorize Payment to North Central Texas Council of Governments (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize acceptance of a $15,000.00 contribution from the Fort Worth Transportation Authority as a portion of the required local match for the North Central Texas Council of Governments (NCTCOG) led planning project; authorize acceptance of a $35,000.00 contribution from Texas Christian University (TCU) as a portion of the required local match for the NCTCOG led planning project; authorize acceptance of a $5,000.00 contribution from the Berry Street Initiative as a portion of the required local match for the NCTCOG led planning project; adopt Appropriation Ordinance No. 20581-01-2013 increasing the estimated receipts and appropriations in the New Development Fund, in the amount of $55,000.00, subject to receipt of funds from NCTCOG, TCU and the Berry Street Initiative, for the purpose of the TCU/Berry Station Area Transit- Oriented Development Plan and Form-Based Code Sustainable Development Planning Project; authorize the execution of an Interlocal Agreement with NCTCOG for the TCU/Berry Station Area Transit-Oriented Development Plan and Implementing Form-Based Code Sustainable Development Planning Project to authorize NCTCOG to manage the Planning Project on the City's behalf and to provide for the local match in the amount of $65,000.00; and authorize payment to NCTCOG in the amount of$65,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 3 of 20 2. M&C G-17783 - Authorize Conveyance to the City of Dallas a Perpetual Easement Containing Approximately 31,717 Square Feet of Land on Property Located Within the Boundaries of the Dallas/Fort Worth International Airport for Installation, Maintenance and Use of a Thirty-Inch Water Easement (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a conveyance to the City of Dallas of a perpetual easement containing approximately 31,717 square feet of land owned by the City of Dallas and the City of Fort Worth located within the boundaries of the Dallas/Fort Worth International Airport for installation, maintenance and use of a 30-inch water easement. 3. M&C G-17784 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Continental Limousine, Inc., to Operate Four Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: the public necessity and convenience require the operation of four (4) limousines upon the City streets, alleys and thoroughfares; Continental Limousine, Inc., is qualified and financially able to conduct a limousine service within the City; Continental Limousine, Inc., has complied with the requirements of Chapter 34 of the City Code; Continental Limousine, Inc., presented facts in support of compelling demand and necessity for four (4) limousines; and the general welfare of the citizens of the City will best be served by the addition of four (4) limousines upon City streets, alleys and thoroughfares; adopt Ordinance No. 20582-01-2013 granting the privilege of operating authority to Continental Limousine, Inc., for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of four (4) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Continental Limousine, Inc., subject to and conditioned on Continental Limousine, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11478 - Authorize Execution of a Professional Services Agreement with Intelight, Inc., in the Amount Not to Exceed $534,600.00 for the Initial Term for Traffic Signal Controller Software Licenses, Maintenance and Related Services for the Transportation Public Works Department(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of a professional services agreement with Intelight, Inc., in the amount not to exceed $534,600.00 for the initial term for traffic signal controller software, maintenance and related services for the Transportation and Public Works Department. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 4 of 20 2. M&C P-11479 - Authorize Purchase Agreement with Douglas Products and Packaging, Co., LLC, in the Amount Up to $300,000.00 for the First Year for Sewer Line Chemical Root Control Using a Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Douglas Products and Packaging, Co., LLC, in the amount up to $300,000.00 for the first year for sewer line chemical root control using the Houston-Galveston Area Council Cooperative Contract SCO1-12 for the Water Department. C. Land- Consent Items 1. M&C L-15501 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 5833 Blackmore Avenue to Barbara Joyce Smith in the Amount of $7,200.00, in Accordance With Section 34.05 of the Texas Property Tax Code (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the direct sale of a tax- foreclosed property located at 5833 Blackmore Avenue, described as Lots 17 and 18, Block 413, Chamberlain Arlington Heights Addition, to Barbara Joyce Smith in the amount of$7,200.00, in accordance with Section 34.05 of the Texas Property Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. 2. M&C L-15502 - Authorize Sale of Eighteen Tax-Foreclosed Properties in the Amount of $96,710.41, in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code (COUNCIL DISTRICTS 2, 5, 6, 7, 8 and 9) The City Council approved the following recommendation: Authorize the sale of 18 tax- foreclosed properties in the amount of $96,710.41, in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale. 3. M&C L-15503 - Authorize Acquisition of a Fee Simple Interest in 1.036 Acres of Land for Right-of-Way, an Easement Interest in 0.166 Acres of Land for Permanent Drainage, and an Easement Interest in 1.761 Acres of Land for Permanent Slope for the Widening of North Beach Street from Vista Meadows Drive to Shiver Road Located Northeast of the Shiver Road and North Beach Street Intersection from Bishop Kevin W. Vann, Catholic Diocese of Fort Worth in the Amount of$576,492.00 and Pay Estimated Closing Costs in the Amount Up to $5,000.00 (COUNCIL DISTRICT 2) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 5 of 20 The City Council approved the following recommendation Authorize the acquisition of a fee simple interest in 1.036 acres of land for right-of-way, an easement interest in 0.166 acre of land for permanent drainage, described as Abstract 783, Tract 1B, J.W. Haynes Survey and an easement interest in 1.761 acres of land for permanent slope, described as Abstract 783, Tract 1B, J.W. Haynes Survey/W.M. Bostick Survey, Abstract 210, Tract 2A, for the widening of North Beach Street from Vista Meadows Drive to Shiver Road located northeast of the Shriver Road and North Beach Street intersection from Bishop Kevin W. Vann, The Catholic Diocese of Fort Worth; find that the amount of$576,492.00 is just compensation for property interests; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and to pay the purchase price in the amount of $576,492.00 and the estimated closing costs in the amount up to $5,000.00. 4. M&C L-15504 - Authorize Acquisition of a Fee Simple Interest in 0.1652 Acres in an Improved Lot for the Lebow Channel Drainage Improvements Project Located at 1109 De Ridder Avenue from Christina and Macario Perez in the Amount of $68,500.00, Authorize Payment of Estimated Closing Costs in the Amount Up to $4,000.00, and Authorize Payment of Relocation Assistance in the Amount of$2,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1652 acre in an improved lot located at 1109 De Ridder Avenue, Fort Worth, Texas, described as Lot 8, Block 52, Sabine Place Addition, from Christina and Macario Perez in the amount of$68,500.00; find that the total purchase price in the amount of$68,500.00 is just compensation; authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs in the amount up to $4,000.00; and authorize the payment of relocation assistance in the amount of$2,000.00. 5. M&C L-15505 - Authorize Acquisition of Two Permanent Drainage Easements and a Permanent Slope Easement in 0.2146 Acres of Land on an Improved Lot Located at 8795 Old Denton Road for the North Riverside Drive Improvements Proiect from Ronald Elmore in the Amount of $55,700.00 and Payment of Estimated Closing Costs Up to the Amount of $3,000.00 for a Total Cost of $58,700.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of two (2) permanent drainage easements and a permanent slope easement interest in 0.2146 acre of land on an improved lot located at 8795 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1C01, William McCowens Survey, from Ronald Elmore; find that the total purchase price in the amount of$55,700.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to the amount of$3,000.00. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 6 of 20 D. Planning& Zoning- Consent Items -None E. Award of Contract- Consent Items 1. M&C C-26054 - Authorize Execution of a Contract with McClendon Construction Co., Inc., in the Amount of $579,393.50 from Community Development Block Grant Funds for the Construction of Infrastructure Improvements Related to the Hardy Street Single Family Infill Development at 3601 and 3617 Hardy Street (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a contract with McClendon Construction Co., Inc., in the amount of $579,393.50 from Community Development Block Grant funds for the construction of infrastructure improvements related to the Hardy Street Single Family Infill Development at 3601 and 3617 Hardy Street. 2. M&C C-26055 - Authorize Execution of a Memorandum of Understanding with the University of Massachusetts, Amherst and Payment of Grant Matching Funds in the Aggregate Amount of$300,000.00 to Integrate Weather Radar Data into a Flood Warning System (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Memorandum of Understanding with the University of Massachusetts, Amherst and payment of grant matching funds in the aggregate amount of$300,000.00 to integrate weather radar data into a flood warning system. 3. M&C C-26056 - Authorize Execution of an Engineering Services Agreement with Criado & Associates, Inc., in the Amount Not to Exceed $480,000.00 for Project Scoping and Cost Estimates for Future Transportation Capital Improvement Projects (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an engineering services agreement with Criado & Associates, Inc., in the amount not to exceed $480,000.00 for project scoping and cost estimates for future Transportation Capital Improvement Projects. 4. M&C C-26057 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 40850, an Engineering Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $265,500.00 for the Design of the Eastern Hills Drainage Improvements Project- Phase 2, Thereby Increasing the Total Contract Amount from$651,667.00 to $917,167.00 (COUNCIL DISTRICT 4) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 7 of 20 The City Council approved the following recommendation: Authorize execution of Amendment No. 2 to City Secretary Contract No. 40850, an engineering services agreement with Jacobs Engineering Group, Inc., in the amount of $265,500.00 for the design of the Eastern Hills Drainage Improvements Project - Phase 2, thereby revising the total contract cost to $917,167.00. 5. M&C C-26058 - Authorize Execution of an Interlocal Agreement Between Tarrant County College District and the City of Fort Worth in the Amount Not to Exceed $60,000.00 for Public Safety Institute Training for a Term to End on September 11, 2015 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of an interlocal agreement between Tarrant County College District and the City of Fort Worth in the amount not to exceed $60,000.00 for the use of the Fire Service Training Center for a term to end on September 11, 2015. 6. M&C C-26059 - Authorize Execution of Amendment No. 3 and a Second Five- Year Option to Renew City Secretary Contract No. 12261 with Clarence J. Sury for Unimproved Ground Lease Site 13S at Fort Worth Meacham International Airport(COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Amendment No. 3 and a second five (5) year lease option to renew with Clarence J. Sury for Unimproved Ground Lease Site 13S at Fort Worth Meacham International Airport. 7. M&C C-26060 - Authorize Provision of Water and Sewer Service at 1.25 Times the Retail Rate to Tracts 2A, 2A01 and 2A02 Located at 13200 and 13340 Highway 287 and Highway 81 in Tarrant County Outside of the Fort Worth Cit_y Limits Pursuant to City Code Section 35-60B (ADJACENT TO COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the Water Department to provide water and sewer service at 1.25 times the retail rate to Tracts 2A, 2A01 and 2A02 located at 13200 and 13340 Highway 287 and Highway 81 in Tarrant County; and authorize the execution of an agreement for such services. VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. OCS - 1874 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 8 of 20 A. General - Consent Items - Removed from Consent Agenda for Individual Consideration 4. M&C G-17785 - Authorize Temporary Road Closure of Main Street Between Third Street and Fourth Street from January 15, 2013 to April 5, 2013 for the Installation of a Forty-Two Inch Storm Drain (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the temporary road closure of Main Street between 3rd Street and 4th Street from January 15, 2013, to April 5, 2013, to allow for the installation of a 42-inch storm drain line. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17785 be approved with the amendment for the following administrative correction in the Discussion section: "...from January 8, 2013, to April 5, 2013...," should be "...January 15, 2013, to April 5, 2013...". The motion carried unanimously 9 ayes to 0 nays. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of the Fort Worth Stock Show and Rodeo Mr. Ed Bass, Chairman, Southwestern Exposition and Livestock Show provided a PowerPoint presentation relative to the improvements made to the industrial area around the Will Rogers complex. He officially conveyed the gatehouses to the City and stated that they would officially become a part of the Will Rogers Municipal Complex. He handed out the official Stock Show badges to the Council and encouraged everyone to attend one of the shows. Mayor Price presented the Proclamation for the Fort Worth Stock Show and Rodeo to Mr. Bass and stated that for the past 117 years, the Southwestern Exposition and Livestock Show, also known as the Fort Worth Stock Show and Rodeo, had been held in Fort Worth, making it the oldest continuously held livestock show in the country. She pointed out that the Fort Worth Stock Show and Rodeo was a 23-day event that attracted more than one million visitors from various regions of the United States and 60 foreign countries, featuring more than 22,000 head of livestock and stages 30 thrilling Professional Rodeo Cowboy Association (PRCA) rodeo performances at the World's Original Indoor Rodeo®. She further stated that the City's largest annual event had an estimated economic impact of more than $100 million per year. She urged all residents to visit the 117th Southwestern Exposition and Livestock Show set for January 18 through February 9, 2013, with the theme, Bring It! She expressed appreciation to Mr. Bass and the Southwestern Exposition and Livestock Show for the gatehouses and stated that they would make a beautiful addition to the complex. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 9 of 20 1. Upcoming and Recent Events Council Member Moss announced that the ribbon cutting ceremony for the Trinity Bell Garden Apartments would be held on January 17, 2013, from 11:00 a.m. to 1:00 p.m., at 9500 Trinity Boulevard. He also announced that the Martin Luther King, Jr. celebration would be held on January 18, 2013, at noon, in the City Council Chamber. He further announced that a District 5 meeting would he held at the Tarrant County Opportunity Center on January 26, 2013, and encouraged residents to attend the meeting. Mayor Price stated that 40 people attended the last Walking Town Hall meeting which was held in District 7. She stated that the next meeting would be held in February and encouraged everyone to attend the meeting to discuss neighborhood issues or the upcoming Bond Election. 2. Recognition of Citizens Mr. Jason Smith, 2230 College Avenue, completed a speaker card and was recognized by Mayor Price but was not present in the Council Chamber. 3. Approval of Ceremonial Travel There was no approval necessary of ceremonial travel. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commission. 2. Council Proposal No. 292 - Waiver of Permitting and Encroachment Fees for Installation of Bike Sharing Stations for the Non-Profit Organization Known as Fort Worth Bike Sharing Council Member Burns stated that this was a proposal for the City Council to approve a waiver of permitting and encroachment fees for installation of bike sharing stations for the non-profit organization known as Fort Worth Bike Sharing. He stated these stations would allow patrons to bike share in areas throughout the City and pointed out that these stations were popular in Europe as well as other major metropolitan cities throughout the United States. He advised that this Council Proposal would appear on the next agenda for the Council's consideration and vote. X11. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 10 of 20 XIII. REPORT OF THE CITY MANAGER A. Benefit Hearing- None B. General G-17786 - Approve Settlement in a Lawsuit Entitled Robert and Carla Reeves v. City of Fort Worth, XTO Energy, Inc., and Moritz Interests, Ltd., Cause No. 348-257573-12 in the Amount of$95,000.00 (COUNCIL DISTRICT 6) It was recommended that the City Council approve the settlement of the lawsuit entitled Robert and Carla Reeves v. City of Fort Worth, XTO Energy, Inc., and Moritz Interests, Ltd., Cause No. 348-257573-12; authorize the payment in the amount of$95,000.00 to Robert Reeves and Carla Reeves and their attorney Rick Ward and The Ward Law Firm in full and final settlement of the referenced suit; and authorize the appropriate City personnel to execute the releases and agreements necessary to complete the settlement. Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17786 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth. 2. M&C G-17788 - Authorize Acceptance of a $50,000.00 Monetary Donation from Enterprise Texas Pipeline, LLC, for Improvements in Mallard Cove Park and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) It was recommended that the City Council authorize the acceptance of a monetary donation in the amount of $50,000.00 from Enterprise Texas Pipeline, LLC, toward improvements in Mallard Cove Park; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Park Gas Lease Projects Fund in the amount of $160,000.00, for improvements to Mallard Cove Park, with $50,000.00 coming from this donation, $60,000.00 from a contractual payment previously received from Texas Midstream Gas Services, L.L.C., and $50,000.00 from a contractual payment previously received from Enterprise Texas Pipeline, LLC. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. G-17788 be approved and Appropriation Ordinance No. 20583-01-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 11 of 20 3. M&C G-17789 - Conduct a Public Hearing and Adopt Ordinance Designating Property at 5101 and 5201 North Main Street as Tax Abatement Reinvestment Zone No. 86, City of Fort Worth, Texas to Mitigate the Displacement of Bucks Wheel & Equipment Co. by the Trinity River Vision Proiect (COUNCIL DISTRICT 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing concerning the designation of the property at 5101 and 5201 North Main Street as Tax Abatement Reinvestment Zone No. 86, City of Fort Worth, Texas to mitigate the displacement of Bucks Wheel & Equipment Co. by the Trinity River Vision project; and adopt an Ordinance that designates Tax Abatement Reinvestment Zone No. 86, City of Fort Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code. a. Report of City Staff Ms. Marguerite Allen, Business Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the public hearing be closed and that Mayor and Council Communication No. G-17789 be approved and Ordinance No. 20584-01-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services 1. M&C P-11471 - Authorize Sole Source Purchase Agreement for Maintenance, Repair, Software Updates and Installation of Physical Security Surveillance, Access and Intrusion Equipment with Sentinel the Alarm Company for All City Departments in the Amount of $925,000.00 for the First Year (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communication No. P-11471 be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 12 of 20 2. M&C P-11471 - (Revised) Authorize Sole Source Purchase Agreement for Maintenance, Repair, Software Updates and Installation of Physical Security Surveillance, Access and Intrusion Equipment with Sentinel, the Alarm Company for All City Departments in an Amount Up to $925,000.00 for the First Year (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize a sole source purchase agreement for maintenance, repair, software updates and installation of physical security surveillance, access and intrusion equipment with Sentinel, the Alarm Company for all City departments in an amount up to $925,000.00 for the first year. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. P-11471 (Revised) be approved. The motion carried unanimously 9 ayes to 0 nays. D. Land 1. M&C L-15506 - Authorize Conveyance of a Permanent Easement on Property Located on the Dallas/Fort Worth International Airport to Dallas Area Rapid Transit for the Construction and Maintenance of Public Mass Transit Improvements Known as the DART Orange Line Extension (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize a conveyance to Dallas Area Rapid Transit of a permanent easement containing approximately 20.9 acres of land on property located on the Dallas/Fort Worth International Airport for public mass transit improvements relative to the Dallas Area Rapid Transit Orange Line I-2 segment. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L-15506 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C L-15507 -Authorize Conveyance of an Easement to Oncor Electric Delivery for Electrical Equipment and Appurtenances to the Amon Carter Museum of American Art at No Expense to Oncor(COUNCIL DISTRICT 7) It was recommended that the City Council authorize the conveyance of 7,189.27 square feet of land, described as J.P. Montgomery Survey, Abstract No. 1030, for an easement to Oncor Electric Delivery for electrical equipment and appurtenances to the Amon Carter Museum of American Art at no expense to Oncor; and authorize the execution and recording of necessary documents to complete the conveyance. Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 13 of 20 Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-15507 be approved. The motion carried,8 ayes to 0 nays, with 1 abstention by Council Member Scarth. 3. M&C L-15508 - Authorize for the North Tarrant Express Segment 3B Proiect, Condemnation by Eminent Domain of a 0.116 Acre Parcel for a Permanent Sanitary Sewer Easement from the Red Horse, LLC, Legally Described as a Portion Out of Lot 5, Block 1 of Western Center North Addition and the Additional Eleven Property Parcels for Easements Described in the Attached List of Twelve Properties (COUNCIL DISTRICTS 2 and 4) It was recommended that the City Council declare that the North Tarrant Express Segment 3B Project is necessary in order to meet the City's utility infrastructure needs as well as to provide for the public's health and safety; declare that public convenience and necessity require the acquisition of the easements for the North Tarrant Express Segment 3B Project from the 12 parcels of real property listed on Attachment 1 described to this Mayor and Council Communication; authorize the City Manager and his designee to attempt to acquire through eminent-domain proceedings under Texas law, the easement interest in the 12 parcels of real property for their fair-market values through good-faith negotiations with the parcel owners and if such negotiations are unsuccessful, authorize the City Attorney to acquire the easements described, but acquire no mineral interests of the parcels as well as any remainders of such parcels where the acquisition of same would be economically prudent; authorize the acceptance and recording of the appropriate instruments; and authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement in lieu of condemnation by eminent domain. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L-15508 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the North Tarrant Express Segment 3B Project: to acquire a 0.116 acre parcel for a permanent sanitary sewer easement from the Red Horse, LLC, legally described as a portion out of Lot 5, Block 1, Western Center North Addition and located at 3041 Western Center Boulevard; to acquire the easements described in the list attached to Mayor and Council Communication No. L-15508 of 11 additional Properties for Project; and to direct the City Secretary to have the minutes reflect that this motion applies to the 12 parcels listed in Attachment 1 to Mayor and Council Communication No. L-15508, as follows: Parcels 1-PE, 2-PE, 2-TE, 3-PE PART 1, 3-PE PART 2, 3-TE, 4-PE, 5-PE PART 1, 5-PE PART 2, 6-PE, 7-PE and 8-TE located in COUNCIL DISTRICTS 2 and 4. The motion carried unanimously 9 ayes to 0 nays. E. Planning& Zoning 1. M&C PZ-3009 - Consider Institution and Adoption of Ordinance for the Owner- Initiated Annexation of Approximately 0.3 Acre of Land, North of SH-114 and East of FM-156, AX-12-010 (COUNCIL DISTRICT 2) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 14 of 20 It was recommended that the City Council institute and adopt an Ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 0.3 acre tract of land north of SH-114 and east of FM-156, Double Eagle Boulevard, situated in the James Smith Survey, Abstract Number 1149, situated about 18.8 miles north 5 degrees east of the Courthouse, Tarrant County, Texas (Case No. AX-12-010) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ-3009 be approved and Ordinance No. 20585-01-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract C-26061 - Authorize Five-Year Tax Abatement Agreement with Sparkle Express, LLC, to Develop an Exterior Express Car Wash on Property Located at 113 Thornhill Drive in the Hemphill/Berry Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) It was recommended that the City Council authorize a five (5) year tax abatement agreement with Sparkle Express, LLC, to develop an exterior express car wash on property located at 113 Thornhill Drive in the Hemphill/Berry Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-26061 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C C-26062 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $1,988,779.45 for Paving, Drainage, and Street Lights Along Avondale Haslet Road from Water Tank Site to Willow Creek Drive, Authorize Execution of a Railroad Crossing Agreement with Burlington_Northern Santa Fe Railway Company in the Amount of$599,939.00 to Provide a New Quiet Zone Crossing, and Expenditure in the Amount of$282,206.00 for Contingencies, and Construction Services for a Total Proiect Cost in the Amount of$2,870,924.45 (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,988,779.45 for paving, drainage, and street light CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 15 of 20 improvements along Avondale Haslet Road from 700 feet east of Haslet Court, Water Tank Site to Willow Creek Drive; and authorize the execution of a railroad crossing agreement with Burlington Northern Santa Fe Railway Company in the amount of$599,939.00 for a new quiet zone crossing and expenditure in the amount of$282,206.00 for contingencies, and construction services for a total project cost in the amount of$2,870,924.45. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-26062 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C C-26063 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 43453, a Five-Year Job Order Contract with The Mark IV Construction Group, LLC, in the Amount of$1,076,000.00 for the Transportation and Public Works Department, Facilities Management Division for a Revised Total Contract in the Amount of$8,576,000.00 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize execution of Amendment No. 1 to City Secretary Contract No. 43453, a Job Order Contract with The Mark IV Construction Group, LLC, in the amount of $1,076,000.00 to increase the not-to-exceed expenditure amount from $1,500,000.00 to $2,576,000.00 for this contract year's July 2012-July 2013 aggregate total, resulting in a revised total contract in the amount of$8,576,000.00. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-26063 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M&C C-26064 - Authorize Amendment in the Amount of $2,996,155.73 to City Secretary Contract No. 43229 with Great Lakes Dredge & Dock Company, LLC, for a Total Contract Amount of $15,493,059.73 for Dredging and Sediment Disposal of Phase 2 Areas at Lake Worth and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) It was recommended that the City Council adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Lake Worth Gas Lease Capital Improvement Fund in the amount of $2,996,155.73, from Gas Well Revenues, for the purpose of transferring said funds to the Water Capital Projects Fund, for dredging and disposal of sediment associated with the Lake Worth Dredging Project Phase 2; authorize the transfer from the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of the project; and authorize the execution of an amendment to City Secretary Contract No. 43229 with Great Lakes Dredge & Dock Company, LLC, in the amount of$2,996,155.73 for a total contract amount of$15,493,059.73, for dredging and disposal of sediment associated with the Lake Worth Dredging Project Phase 2. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 16 of 20 The following individuals submitted comment cards in support of Mayor and Council Communication No. C-26064. Mr. Don Dougherty, 9131 Watercress Drive Ms. Gale Cupp, 9225 Heron Drive Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-26064 be approved and that Appropriation Ordinance Nos. 20586-01-2013 and 20587-01-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M&C C-26065 - Conduct a Public Hearing and Authorize Execution of the First Extension and Amendment to City Secretary Contract No. 31838 with Allied Waste Systems, Inc., D/B/A Trinity Waste Services, for Transportion Services from City Convenience Centers and Special Events (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing on City Secretary Contract No. 31838 with Allied Waste Systems, Inc. d/b/a Trinity Waste Services, for transportation services from City convenience centers and special events; and authorize the execution of the first contract extension and amendment to the contract with Allied Waste Systems, Inc., d/b/a Trinity Waste Services, for a term to begin on April 1, 2013, and expire on March 31, 2018, with two (2) five (5) year renewal options. a. Report of City Staff Mr. Brandon Bennett, Director, Code Compliance Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the public hearing and Mayor and Council Communication No. C-26065 be continued until the January 29, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C-26066 - Conduct a Public Hearing and Authorize Execution of the First Contract Extension and Amendment to City Secretary Contract No. 28496 with WM Recycle America, LLC, for the Processing of Recyclable Materials (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 17 of 20 It was recommended that the City Council conduct a public hearing on City Secretary Contract No. 28496 with WM Recycle America, LLC, for the processing of recyclable materials; and authorize the execution of the first contract extension and amendment to City Secretary Contract No. 28496 with WM Recycle America, LLC, to begin on April 1, 2013, and expire on March 31, 2018, with two (2) five(5) year renewal options. a. Report of City Staff Mr. Brandon Bennett, Director, Code Compliance Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the public hearing and Mayor and Council Communication No. C-26066 be continued until the January 29, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 7. M&C C-26067 - Conduct a Public Hearing and Authorize First Ten Year Extension and Restatement of City Secretary Contract No. 28358 with Waste Management of Texas, Inc., for Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, Certain Commercial Solid Waste, Yard Waste, Construction and Demolition and Large Brush, and Large Bulky Waste (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing on City Secretary Contract No. 28358 with Waste Management of Texas, Inc., for the collection of residential garbage, refuse and small bulky waste, recyclables, certain commercial solid waste, yard waste, construction and demolition and large brush, and large bulky waste; and authorize the first 10- year extension and restatement of City Secretary Contract No. 28358 with Waste Management of Texas, Inc., to begin on April 1, 2013, and expire on March 31, 2023, with two (2) remaining 10- year renewal options. a. Report of City Staff Mr. Brandon Bennett, Director, Code Compliance Department, appeared before Council and provided a staff report. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 18 of 20 b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing and Mayor and Council Communication No. C-26067 be continued until the January 29, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. XIV. PUBLIC HEARING 1. Public Hearing on the Proposed Amendments to the Land Use Assumptions, Capital Improvements Plan and Associated Impact Fees for Transportation Facilities in Accordance with Section 395.054 of the Local Government Code It was recommended that the City Council conduct a public hearing on the proposed amendments to the Land Use Assumptions, Capital Improvements Plan and associated impact fees for transportation facilities in accordance with Section 395.054 of the Local Government Code. a. Report of City Staff Ms. Katherine Beck, Transportation Utility and Plan Administrator, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments The following individuals appeared before Council in support of the public hearing on the proposed amendments to the Land Use Assumptions, Capital Improvements Plan and associated impact fees for transportation facilities. Mr. Lee Nichol, 3882 South Hills Circle Mr. Donald Boren, Chairman, CIAC, 1755 Martel Avenue Mr. Russell Fuller, President, North Fort Worth Alliance, 5317 Alta Loma Drive (provided PowerPoint presentation) The following individuals appeared before Council in opposition to the public hearing on the proposed amendments to the Land Use Assumptions, Capital Improvements Plan and associated impact fees for transportation facilities. Mr. Thad Brundrett, 3901 West 4th Street Mr. Ben Loughry, 5309 El Campo Avenue Council Member Jordan requested clarification regarding the median home value in the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 19 of 20 Mr. Lee Hughes, Maverick Homes and President, Greater Fort Worth Builders Association, and Mr. John Samson, Executive Direction, Greater Fort Worth Builders Association, advised that the median home price in the City was down to $157,000 and provided additional information on trends relative to the real estate market in the area. Council Member Espino requested clarification from Mr. Fuller regarding the "resident' experience in north Fort Worth since the housing boom and before the City had implemented a transportation impact fee. Mr. Fuller advised that residents of north Fort Worth have been experiencing major transportation and service issues for the past 10 years. He stated that the City must charge the builders appropriate fees and taxes to be able to pay for adequate services and arterial streets in the area. C. Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays. XV. ZONING HEARING 1. ZC-12-128 - (CD 2) - David McDavid, 4621 Keller Hicks Road, from: "I" Light Industrial to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on January 8, 2013, continued Zoning Docket No. ZC-12-128. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC-12-128 be continued until the January 29, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. Mayor Price opened the public hearing. The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on December 20, 2012. 2. ZC-13-005 - (CD 5) - Independent Utility Construction,5109 Sun Valley Drive, from: "B" Two-Family to: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Mr. Jess Cole, 5109 Sun Valley Drive, completed a speaker card in support of Zoning Docket No. ZC-13-005, but did not wish to address the Council. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 15, 2013 Page 20 of 20 Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-13-005 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. ZC-13-012 - (CD 2) - AIL Investment LP and Hillwood Family LP, 10200 Block of 11135 N, from: "C" Medium Density Multifamily to: "G" Intensive Commercial (Recommended for Approval by the Zoninp,Commission) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-13-012 be approved. The motion carried unanimously 9 ayes to 0 nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Espino made a motion, seconded by Council Member Moss, that the hearing be closed and that Ordinance No. 20588-01-2013 be adopted. The motion carried 9 ayes to 0 nays. XVI. CITIZEN PRESENTATIONS Mr. Jason Smith, 2230 College Avenue, appeared before Council relative to reasonable regulations of gun sales at Fort Worth gun shows. (displayed photograph) XVII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) : SEE ATTACHMENT B XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 11:53 a.m. These minutes approved by the Fort Worth City Council on the 291h day of January, 2013. Attest: 4rnie Mary J. Kay City Secretary